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BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 42

Transfer of licences
42. Section 89A of the Principal Act is amended-

   (a)  by omitting sub-section (1B);

   (b)  by inserting in paragraph (1D) (c) "in the case of a licence other
        than
a remote licence," before " it appears";

   (c)  by omitting from sub-sub-paragraph (1D) (c) (i) (B) "effectively to
        operate the relevant broadcasting station or television station, as
        the case may be" and substituting "to provide an adequate and
        comprehensive service pursuant to the licence or, in the case of a
        re-broadcasting licence or a re-transmission licence, to provide the
        service to which the licence relates";

   (d)  by omitting sub-sub-paragraphs (1D) (c) (ii) (A) and (B) and
        substituting the following sub-sub-paragraphs:



"(A) the licence is a commercial licence whose service area is not a
metropolitan service area; and

                (B)  the service area of the licence overlaps the service area
                     of one or more licences of a kind to which
                     sub-sub-paragraph (A) applies,";

   (e)  by omitting from sub-paragraph (1D) (c) (ii) "or" (last occurring);

   (f)  by inserting after paragraph (1D) (c) the following paragraph:



"(ca) where the licence is a remote licence, it appears to the Tribunal,
having regard to the following matters or circumstances, that it is advisable
in the public interest to refuse consent:

        (i)    it is not satisfied that the person-

                (A)  is a fit and proper person to hold the licence;

                (B)  has the financial, technical and management capabilities
                     necessary to provide an adequate and comprehensive
                     service pursuant to the licence; and

                (C)  is otherwise capable of complying with the conditions of
                     the licence;

        (ii)   subject to the desirability of ensuring that, in all parts of
               Australia, there are available at least one service provided
               pursuant to a commercial radio licence or remote radio licence
               and one service provided pursuant to a commercial
               television licence or remote television licence, the need to
               avoid an undue concentration of the ownership or control,
               direct or indirect, of the media in the service area of the
               licence;

        (iii)  the likelihood that, if the Tribunal gave consent, a person
               would, in relation to the licence or the holder of the licence,
               contravene an order of the Tribunal made for the purposes of
               section 92V;

        (iv)   any relevant government policy statements;

        (v)    any matters prescribed by regulations for the purposes of this
               paragraph;

        (vi)   any other matters or circumstances that the Tribunal considers
               relevant; or";

   (g)  by inserting after sub-section (1D) the following sub-section:



"(1DA) The reference in paragraph (1D) (ca) to the media in the service area
of a licence includes a reference to-

   (a)  newspapers, journals and the like available in that service area; and

   (b)  any broadcasting service provided pursuant to another licence having a
        service area that overlaps the service area of the licence.";

   (h)  by omitting from sub-section (1F) all the words from and including

"licence for a commercial" to the end of the sub-section and substituting
"commercial radio licence or a commercial television licence, as the case
requires, and the whole or a substantial part of the service area of that
commercial licence is coextensive with the whole or a substantial part of the
service area of the supplementary licence."; and
(j) by inserting in sub-section (5) "a remote licence or" after "relation to".



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